REGULATION OF APPEARANCE

LAWS, WHORES AND OUTCASTS

SUMPTUARY LAW

SUMPTUARY = PERTAINING TO THE MODERATION OF EXTRAVAGENCE

SUMPTOS = COST

IT WENT WAY BACK The first written Greek law code

(seventh century BC) stipulated that "no free woman should be allowed any more than one maid to follow her, unless she was drunk: nor was to stir out of the city by night, wear jewels of gold about her, or go in an embroidered robe, unless she was a professed and public prostitute; that, bravos excepted, no man was to wear a gold ring, nor be seen in one of those effeminate robes woven in the city of Miletus

In Rome various laws passed to prevent inordinate expense (sumptus) in banquets and dress, such as the use of expensive Tyrian Purple It was considered the duty of government to put a check upon extravagance in the private expenses of persons,

SUMPTUARY LAW Fashion and dress of the Middle Ages was dominated and highly

influenced by the Kings and Queens of the era. Only the wealthy could dress in fashionable clothes. Laws dating back to the Romans restricted ordinary people in their expenditure. These were called Sumptuary Laws. The definition of the word Sumptuary is derived from the  from the Latin word which means expenditure.

English Sumptuary Laws were imposed by rulers to curb the expenditure of the people. Sumptuary laws might apply to food, beverages, furniture, jewelry and clothing.

These Laws were used to control behaviour and ensure that a specific class structure was maintained. The Medieval English Sumptuary Laws of the Middle Ages were well known by all of the English people. The penalties for violating Sumptuary Laws could be harsh - fines, the loss of property, title and even life! The Medieval period had been dominated by the Feudal system - everyone knew their place! Clothing provided an immediate way of distinguishing 'Who was Who'. Medieval clothing and fashion like everything else was dictated by the Pyramid of Power which was the Feudal System and the Sumptuary Laws which were passed by the Medieval Kings of England.

Those 1920s Strumpets In Utah in 1925 a law

was enacted providing a fine and imprisonment for anyone with a skirt more than 3 inches above the knee. (Females?)

In Ohio in 1925 anyone not having a skirt reaching to the instep was in breach of the law.

Some Reasons For Regulation of Appearance Regulate expenditure Prevent capital leaving the

country and bolster the domestic economy (1st. English Sumptuary Law 1337 Prevented wearing of clothing not woven in England)

Regulate Social Order, status and moral order. (Statutes of Savoy 1430 – 39 categories of clothing)

Keep merchant class in their place.

Maintain Christian morality to prevent plague

MORE RECENT SUMPTUARY LAW

AND IMPERSONATING

A POLICE OFFICER

IMPERSONATING A DOCTOR

OUR SENSES REACT TO CLOTHING

WE TRUST A MEDICAL PERSON BECAUSE THEY DRESS THE PART

AND ALL THOSE MACDONALDS Highland Dress Act (1746) By this Act, "Any persons within

Scotland, whether man or boy (excepting officers and soldiers in his majesty's service), who should wear the plaid, philibeg, trews, shoulder belts, or any part of the Highland garb, or should use for great coats, tartans, or parti-coloured plaid, or stuffs, should, without the alternative of a fine, be imprisoned for the first conviction for six months, without bail, and on the second conviction be transported for seven years".

An attempt to asimulate the Highlanders with the Lowland Scot population who saw the Kilt as barbaric.

Had it been left alone, might long have died a natural death, and been found only in our museums, side by side with the Lochaber axe, the two-handed sword, and the nail-studded shield.

AND SOME THAT SLID IN (FACTORY ACTS) 1880 Welsh coal hauliers. Bare

knuckle and bare chest fighting against Victorian morals. (The abject povery was not.

Women boxers were a feature on the fairground as far back as the 1880s when Polly Fairclough appeared at Burton Statute Fair as the Female Champion of the World. Showmen such as Professor Moore in 1910 and Charlie Hickman in the 1930s allowed their daughters to fight on the show and Ester McKeowen involvement over the century illustrates that ability not gender has always been the more important issue on the fairground.

MIDDLE AGES SUMPTUARY LAW The first record is an ordinance of the City of London in 1281 regulated the apparel of workman. The second record occurred during the reign of King Edward II (1284-1327) related to food

expenditure. n against 'outrageous consumption of meats and fine dishes' by nobles The next records of sumptuary legislation occurred during the reign of King Edward III (1312-1377) to

regulate the dress of various classes of the English people, promote English garments and to preserve class distinctions by means of costume, clothes and dress.

One of acts stated the following: "no knight under the estate of a lord, esquire or gentleman , nor any other person, shall wear any

shoes or boots having spikes or points which exceed the length of two inches, under the forfeiture of forty pence."

The sumptuary legislation of 1337 was designed to promote English garments and restrict the wearing of furs

Women were, in general, to be dressed according to the position of their fathers or husbands Wives and daughters of servants were not to wear veils above twelve pence in value Handicraftsmen's and yeomen's wives were not to wear silk veils The use of fur was confined to the ladies of knights with a rental above 200 marks a year The wife or daughter of a knight was not to wear cloth of gold or sable fur The wife or daughter of a knight-bachelor not to wear velvet The wife or daughter of an esquire or gentleman not to wear velvet, satin or ermine The wife or daughter of a labourer were not to wear clothes beyond a certain price or a girdle

garnished with silver Cloth of gold and purple silk were confined to women of the royal family The importation of silk and lace by Lombards and other foreigners were forbidden These Sumptuary Laws distinguished seven social categories and made members of each class easily

distinguished by their clothing.

FLOOD OF LAWS AFTER THE BLACK DEATH IN AN ATTEMPT TO RE-ESTABLISH ‘NATURAL’ AUTHORITY

Statutes of Savoy by Duke Amadeus laid down 39 categories of people, mainly by birth, listing the clothing they could or could not wear.

In England colour RED reserved for the nobility by law. Peasants revolts tended to have red as the colour to show all are equal.

ITALIAN CITY STATES

Between 1200-1500 over 300 new laws in over 40 cities to r4egulate consumption and extravagance.

Most of this economic-forcing people to put their money into trade and not into consumption of goods.

SPLENDOUR OF FLORENCE AFTER THE BLACK DEATH sumptuary laws proved difficult to enforce,

officials made periodic attempts to restrict extravagant private display of wealth and honor in marriage gifts, wedding banquets, baptisms, and funerals.... dress was a way of displaying and distinguishing status and dignity, occupation and occasion, not simply wealth

what were seen as the traditional Florentine values on which the republic had been built, thrift and austerity, at a time of rapidly expanding consumerism. Above all, fluctuating sumptuary law parallels the constant tension between a view of women as objects of desire, which encompasses a male wish to use female bodies to display the accumulation of wealth and power, and fear, both of women and of God's wrath at excessive ostentation. Always a theme of clerical comment, by the end of the century, in a climate of increasingly intense religious observance and awareness of sin, concern about women's appearance climaxed in Savonarola's movement for the "self reform of women" and in his "bonfires of the vanities."

FUR AND LUCERNES COLLAR Preserve class distinctions Check practices harmful to

morals Discourage imports: home

goods can be taxed Scarcest fur highest up the

social tree. Black, shining and spotted

furs prized. (Baltic/ Russian) 1355 Whores could not

wear fur 1363 Knights could not

wear ermine

AS ENGLAND BECAME MORE WEALTHY A FLOOD OF NEW LEGISLATION

Curb extravagance, money better spent on other things such as horses. Swords would be broken in the street if too long.

Huge increase of clothing laws against women by Elizabeth (Gloriana)

If you could not tell a milkmaid from a countess moral decline must follow.

Almost all swept away in 1604.

SOME OF THOSE LAWS

Elizabethan Restrictions For Women (Small Sample)

STATUS MATERIAL COLOUR ITEM ALOWED

Queen – Direct family

Silk Purple

Duchess - Countess

Sable Fur

As Above Cloth of Gold Gold Gowns, Kirtles, sleeves

Viscountesses, Baron:

Cloth of Silver Silver Cowls, Kirtles, sleeves

Wives of Knights etc

Velvets Crimson

As Above Furs: Genets, lucerns

Wives Barons Sons

Velvet, Silk, Leopard Gowns

Wives Knights of Garter

VelvetFur: Genets & Lucerns

CrimsonBlack

Knights Daughters

Damask, Taffeta, Silk

Petticoats, Cloaks

Lower Class Women

Wool, Linen, Sheep (Brown, beige, yellow

As Above Silk, Taffeta, Velvet Russet, green, grey) Buttons and Facings

ONE WAY AROUND THAT BECAME A FASHION SLASHINGS

Outer cloth was slashed to show through linings in a material that could not be used for outer wear.

ENGLISH ACT OF PARLIAMENT 1770 (NEVER REPEALED) To Protect Men Beguiled Into Marriage By False

Adornments Of The Female.

All women of whatever rank, profession or decree, whether virgins, maids or widows, that shall from and after such act, impose upon, seduce and betray into matrimony, any of His Majesty’s subjects by the scents, paints, cosmetic washes, artificial teeth, false hair, Spanish wool, iron stays, hoops, high heel shoes, bolstered hips, shall incur the penalty of the law in force against witch-craft and like misdemeanors and the marriage upon conviction shall be null and void.

EXCLUSION (JEWS) 1215 Lateran Council

ordered that Saracens and Jews should wear distinguishing marks to distinguish them from Christians. Initially to prevent mixed marriage. Forms varied – badges of brightly coloured cloth, band of cloth on the chest, stars and circles. Jewish women wore identifying bands on forehead or veils, or hooped ear-rings.

14th century Rome, red outer garments.

In German lands the Jewish hat developed.

ALWAYS BLAMED FOR PROBLEMS Had no land of their own. Marriage with non Jews to pollute the faith Had put Christ to death (He was a Jew?) Interest charging banned by Medieval

Cannon Law (Islam Today) Christians excluded from banking.

In German lands the king held the JUDENREGAL, direct patronage over Jews and taxation. Anti-semitism and pogroms became a way of not paying back debts.

Distinguishing marks marked them out for discrimination Burnt at the stake as

punishment for God bringing down plagues.

In England forced to wear a yellow cloth ‘tablet’.

Italian Law 1416 made Jews to wear black cloaks as a distinguishing mark and as a way of impoverishing them.

Jewish women in Venice made to wear hooped ear-rings.

Venice the site of the Ghetto.

MEDIEVAL To NAZI To VICHY yellow badge This appears to have derived

from practices general in the ancient world. Jewish and Islamic religious authorities disapproved of the application of permanent markings and this may be why leaden or copper seals were used at some times in the Islamic world as a distinguishing mark for those who were non-Muslims They had to avoid colours associated with Islam, particularly green. The practice of differentiating Muslims from Jews and Christians appears to have been invented in early medieval Baghdad Christians and Jews were to wear special emblems on their clothes. This, incidentally, is the origin of the yellow badge, which was first introduced by a caliph in Baghdad in the ninth century and spread into Western lands in later medieval times.

1121 A letter from Baghdad describes decrees regulating Jewish clothes: each Jew must hang round his neck a piece of lead with the word dhimmi on it. The women have to wear one red and one black shoe and have a small bell on their necks or shoes."

Whores The Greek word for prostitute is porne, derived

from the verb pernemi (to sell), with the evident modern evolution. Female prostitutes could be independent and sometimes influential women. They were required to wear distinctive dresses and had to pay taxes

During the Middle Ages prostitution was commonly found in urban contexts. Although all forms of sexual activity outside of marriage were regarded as sinful by the Church, prostitution was tolerated because it was held to prevent greater evils. Augustine of Hippo held that: "If you expel prostitution from society, you will unsettle everything on account of lusts".

In some periods prostitutes had to distinguish themselves by particular signs, sometimes wearing very short hair or no hair at all, or wearing veils in societies where other women did not wear them. Ancient codes regulated in this case the crime of a prostitute that dissimulated her profession. In some cultures, prostitutes were the sole women allowed to sing in public or act in theatrical performances.

THE PROBLEM WITH WHORES A Paradox of tolerance

and condemnation. Rose Lane Clappier Mixed bathing in ‘Stews’

fully acceptable. As long as married women covered their hair.

Sex important for reproduction and for relieving unhealthy vapours.

Sex also important for many women to keep body and soul together.

Those Cunning Medieval Moralists Problem was: How do you

differentiate between a maid going about a maids work of luring a man into marriage and a whore going about the devils work

Excluded From Honest Society by Particular Dress. Shutting them away in houses

did not work. From 13th century clothing was used to identify. (Cloak with scalloped sleeves and hood with long veiled peak)

Striped cloak in Marseilles Striped hood in England Black and white pointed hat in

Germany Tassels on arm

Sometimes prohibited from wearing a hat. Pulling off a woman’s hat tantamount to calling her a whore.

Prohibited from wearing Jewelry that could be used to attract.

BAWDY HOUSES AND THEATRES In the 14th century, the city of

London tried to segregate whores by prohibiting them from the city except on one street (Cock's Lane), or banishing them to areas where stews or bathhouses were found (outside the city proper).

1531 ordanance in LOndon against common lewd women. Had to wear special clothing and striped hoods.

 "A 'common woman' in medieval England was one who had many sex partners, often for money. Any woman not under the dominion of one man-husband, father, master-ran the risk that her independent behavior would lead to her being labeled a whore

A FULL PART OF SOCIETY In Florence, brothels were controled

municipaly (and licensed), claiming that their purpose was to "boost a declining birthrate by turning men away from homosexual practices. By initiating men into the pleasures of heterosexual intercourse, the prostitutes would supposedly inspire in them a desire to marry".

The town of Dijon allowed for fornication with prostitutes to remedy the "epidemic of rape which threatened the power of the governing elite".

In Sandwich, the Southwark stewholders were not allowed to beat prostitutes. They were not allowed to keep women in a brothel because of debts, and the bishop's officials were to search regularly for women being kept against their will.

Brothelkeeping was an important area for female entrepreneurship. However, when women managed a brothel, many men still owned and profited from them.

.

AN ACCOMODATION WITH THE CHURCH Prostitution and

the Catholic Church In medieval Europe, the Catholic Church not only condoned prostitution, but allowed it to be run out of

the monasteries and convents. The phrase, "get thee to a nunnery" had nothing to do with a convent of "nuns" but rather the "nunnery" was a brothel. The exhortation was given to young men to keep them from trying to corrupt the virgin daughters of the townspeople.

Some prostitutes were known for catering to priests. However, several women were known for mocking the preists. "Elizabeth Chekyn was convicted in 1516 of being 'a common harlot and strumpt, and also was now lately taken strolling and walking by the streets of this city in a priest's array and clothing, in rebuke and reproach of the order of priesthood.' When she performed her ritual of punishment, parading through the streets of London with a striped hood and white rod, she had 'on her breast a letter of H of yellow woolen cloth in sign and token of a harlot, and on her left shoulder a picture of a woman in a priest's gown.'"

Both the secular and religious ideal in the medieval period was to reclaim the prostitute if at all possible, and the medieval Christian was always conscious from the example of Mary Magdalene that a harlot could achieve salvation. Usually the machinery of the Church stood ready to assist women willing to leave the life of sin, although it was recognized that realistically chances for successful reform were slim. Still the hope of reform was there and two major avenues of reform were advance. Favored by most reformers were attempts to induce the repentant prostitute to enter the religious life, to become a nun.. . . In 1198 Pope Innocent III urged that all good citizens attempt to reclaim prostitutes. . .

A second method of dealing with the reformed prostitute was to encourage her to marry. . . In 1109 Pope Innocent II lauded those who married harlots in order to reform them and described their actions as not "least among the works of charity." Those who rescued public prostitutes and took them to wife were performing acts that would count for the remission of their own sins.“

"There’s a passage in Saint Augustine where he asks what one should do about this problem. And he answers that, given man’s makeup, it’s better for the order of the commonwealth when prostitution exists in an ordered form."- Joseph Ratzinger, Salt of the Earth, 1996, p.99

AT THE TOP OF SOCIETY A compendium of objects courtesans were

forbidden to wear 1562 in Italy, year of major reform of the sumptuary law. 'Prostitutes of this city are forbidden to wear gold, silver, or silk, except for caps made of pure silk. They are not to wear chains, rings set with precious stones, or any other kind of ring or earring. In addition, they are not to wear any jewels, real or false, and this applies both inside and outside their houses, even when they are outside the city. Furnishings must conform in every way to the law. Forbidden are tapestries, fancy materials on the walls, elaborate headboards, decorated chests, gilded leathers. Instead, prostitutes are to use only Bergamasque or Brecian materials [rough materials manufactured in the mainland, mainly for export], fifty percent wool, plainly striped or colored as they are nowadays. They are not allowed to slash these materials [in order to insert, ribbon style, more precious ones]; if they do, they will be fined 10 ducats the first time and banished the next time.'

SKITTLES CATHERINE WALTERS

15 South StreetThis relatively modest, but attractive, four-story house was the residence of the last of the Victorian courtesans, popularly known as "Skittles." Born in the slums of Liverpool, she emerged into society when her beauty attracted a businessman who established her in London. It was common practice in the 1860s for attractive prostitutes who were also skilled horsewomen to advertise livery stables in Mayfair by riding among the fashionable gentlemen on Rotten Row in Hyde Park. Skittles joined the "pretty horse breakers." Dressed in a skin-tight riding habit with top hat, she looked both well bred and seductive, in spite of her coarse language.

On the right, is No. 8 South Street, the home of Florence Nightingale (1820-1910).

 

Her nickname is alleged to have originated when she worked as a protsitute in a skittle alley attached to a pub, starting at around the age of 13. Her classical beauty was matched by her brilliance as a horsewoman, for which she was almost equally renowned. In the 1860s the fascinating sight of Catherine riding in Hyde Park drew huge crowds of sightseers. Aristocratic ladies copied the cut of her perfectly fitting "Princess" habit, and she was well known as a trend setter

BUT AT THE BOTTOM END OF SOCIETY Regency Dancing rooms- victorian slums (Note clothes)

Low life girls dancing for Trade (1850) Dressed against

womanly norm of the period to be readily recognised..

No underclothes, no shawels and hair streaming or uncovered.

Victorian London a place of sexual licence and prostitution a casual way of life to keep ‘body and soul’ together.

LEPERS (HANSON’S DISEASE) The official disease, leprosy, produced by

Mycobacterium leprae, was not scientifically identified until 1874, and the cause for the disease was not proven until the 1960s. It is difficult to diagnose even today; therefore, there must have been much confusion surrounding the disease in the Middle Ages. Those classified with leprosy, especially during the Middle Ages, did not necessarily exhibit any of the common symptoms. The classification "leper" was given to many social deviants. --loss of sensation at the nerve ends--destroyed blood vessels, ligaments and skin tissues--eroded bones--sores--ulcers--scabs Issues:

Treatment of lepers in Christian and Islamic Societies: Although lepers were isolated and treated differently than other members of society in both religious cultures, the medieval treatment of lepers in Islamic society seemed to be less harsh than in Christian societies. There are common religious interpretations in both Christian and Islamic societies regarding leprosy, but the effect of such interpretation appeared to be less " marginalizing" in Islamic societies. In Islamic society, there was little evidence of lepers being required to wear distinctive clothing. The association of lepers with the "unclean" is seen in the popularity of baths as a treatment for leprosy, but this occurred mostly in areas of Christian influence, such as the Crusader states.

lepers There are several interpretations regarding

the thirteenth century MASS OF SEPERATION, and the Church's view towards the leper. civil leaders declared lepers legally dead so that they could confiscate the leper's goods; the church expected the spouse to honor the sacramental bond and serve the leper until his/her death. There was a list of garments and utensils that the leper must be given, and each was blessed before the leper received it, much like was done at clerical ordinations.

it was thought that most people contracted leprosy as a punishment from God for their sins. Lepers that were poor had to carry begging bowls, as seen in the pictures above and to the right. Societies considered them burdens because they could not work. The poor leper seems to have been relegated to the the margins. As "leprosy" grew more prevalent during the Middle Ages, the status of lepers changed. Far from being pitied, lepers became increasingly more reviled by the populace. The vocabulary linking sin with leprosy increased in frequency. This idea may have been most aided by the expanding power of the church. The church rhetoric of equating uncleanliness with sin was used by all levels of the population. This association led to the equivalence between lepers, sin and punishment.

LEPER WITH CRIPPLE, CLAPPER AND BEGGING BOWL Lepers were made to wear distinctive

clothing. Jews and prostitutes also had to wear marked clothing. Also mainly forced to wear yellow robes

Leprous people were forced to live outside the city or in a separated area. The same was true of prostitutes and Jews.

They were considered unclean and sinful. The same vocabulary was used to describe homosexual couples, Jews, and witches.

Lepers were often accused of sexual deviancy. Some leper houses even required that lepers take vows of chastity. “The person who has the leprous disease shall wear torn clothes and let the hair of his head be disheveled; and he shall cover his upper lip and cry out, ‘Unclean, unclean.’… He shall live alone…”

From Leviticus 13:45-47

TO RE-ITERATE REASONS FOR CLOTHING LAWS Threats to positions in Society Threats to Church as a Power Base Prevent money spent on imports Home produce can be taxed Prevent spending on home products

that can be exported. Bring pressure on Foreign Governments Modernize or not modernize society